It is first time in the history of Pakistan that a former chief justice has filed damage suit against a politician in any matter.
District & Sessions judge Islamabad West Nazir Ahmed Ganjana issued a notice to PTI chief after former CJP on Tuesday filed a defamation suit worth Rs20 billion, seeking damages under section 9 of the Defamation Ordinance 2002.
It is first time in the history of Pakistan that a former chief justice has filed a defamation suit against a politician in any matter.
The legal team of former chief justice Chaudhry, headed by Sheikh Ahsanuddin, along with Islamabad District Bar Association (IDBA) president Zahid Muhammad Raja, Taufiq Asif, Nayyab Gardezi, Salheen Mughal and others appeared before the bench on Tuesday and briefly argued their case.
Former CJP also argued that PTI chief must be aware that it is quite normal for all the heads of institutions including civil servants and army as patron in-chief’s to offer words of support to their subordinates when they are engaged in a demanding task.
“In addressing the honourable members of the district judiciary, who are the back bone of the judicial system, the plaintiff did nothing different and nothing unusual to charge those hundreds using this single address as preposterous”
He also questioned that can the defendant show a single document or a single statement wherein plaintiff asked the ROs to help any candidate or political party “definitely, not then what is the object of the defendant in raising objections with regard to addressing the ROs”
The plaintiff also said it seems that Imran has made it his habit to aggravate defamation against the him whenever he gets an opportunity either in press conference, public meeting or in any identical situation, without any substance and evidence which are hereby categorically repudiated with the prayer that strict action against the defendant for causing defamation to plaintiff be initiated and concluded.
Imran to contest charges, but who will represent?
Later on, the court issued the notice to Imran Khan over the defamation suit for January 29.
Ahsanuddin told The Express Tribune that under the law, the court is bound to finalise the case within 90 days. He also contended that sessions court is the only forum which entertains the defamation suit.
While the PTI chief has announced his decision to contest the matter in court, PTI’s legal wing, headed by Hamid Khan, has shown his reluctance.
Imran’s counsel Ahmad Awais told The Express Tribune that he and Hamid Khan will remain neutral in this case.
Meanwhile, lawyer Riasat Ali Azad has claimed that PTI’s legal wing in Islamabad District Bar is backing former CJP in the matter. Zahid Muhammad Raja, who was recently elected as the IDBA president with the help of PTI’s legal wing, is also appearing on behalf of the former chief justice.
Azad, however, clarified that IDBA will not allow its president to use the bar's name in favour of Chaudhry.
Former CJP willing to become party to Judicial Commission
Interestingly, while submitting the defamation suit against Imran, the former CJP has proposed that in the event a judicial commission is constituted to probe last year’s general elections, he is willing to become party to it.
“The plaintiff makes a categorical statement that defendant’s allegations of plaintiff’s involvement in rigging are not only false, baseless, yet defamatory, slanderously and are based on no evidence, therefore, action against defendant is called for under the law and if a commision is constituted plaintiff be also allowed to become a party in support of his view point”, says the petition reads.
COMMENTS (7)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
There are hundreds if not thousands of cases pertaining to defamation suits in courts. The courts don't take them up for reasons unknown. In a way its understandable because if they do courts will be occupied with these cases and other judicial matters will become low priority. If only Ifthikar Chaudhry's case is taken up it will as the saying goes "I smell a rat"!
Imran Khan does not deserve any sympathy. He should be made to pay for his lies.
The Defamed CJ valued the Price Tag of his Law Suite equal to the amount he and his son Arsalan were expecting from the Balochistan Gold mines before The Scammer son was let go! After all, they have to maintain and pay taxes on millions of dollars worth of properties overseas that they bought from Realstate & Illigal Morphine manufacturing permit Kick Backs! That's how much this Father & Son Duo actually needed now to keep their properties!
They deserve each other. Had both lived up to their potential rather than spend their time looking for headlines Pakistan would be a better place. Wasted opportunity.
These joke of lawyers and judges also need to be executed
@Asad I guess from that same coin you mention, your father should already decalred winner in a case against you! its one thing that a father has a naughty and a trouble son. and just opposite if a guy in your neighborhod claims that you stealed street lights, and put all the neighborhood in darkness.